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In my opinion, you're antagonizing a good paying tenant... I'd keep it as it is with the old guy being on the lease and raising the amount by $200 from July (if he's to pay you before then, that's a bonus).
In the end, you want money from your property, not the paperwork... At least, I do
Right however, if not done correctly according to the lease and OP's state laws as well as not properly qualifying a new roommate, it could ultimately end up costing him a lot more money if not done correctly. You never know if the father, etc might just be waiting for the right opportunity for the OP to slip up on something, if he hasn't already.
Make sure to do everything by the book or don't do it at all.
Rule number one: The landlord is in charge. The tenant is not.
There are two possible reasons that the father does not want a new lease. Either he doesn't want to be financially responsible for this stranger, and I can't blame him for that. Or else, he already knows that his daughter will move out at the end of the lease, so he doesn't want to extend it.
Here is what I would do for a tenant who has been no trouble, taken good care of my house, and always paid on time:
I would do a complete and thorough screening on the potential roommate. Income verification, criminal background eviction check, credit report and two landlord references. If she is also in school, I would want to see her GPA. If I could require a drug test, I would, but you probably wont get away with that one.
If she really checks out OK, I would offer her a two month addendum to the lease. She would sign a separate contract that she would comply with all of the terms of the existing lease, including the termination date of June what-ever-it-is.
Both roommates sign about the new rent and that they are both severally liable for the full amount and for any damage.
I don't know why there is need for a roommate if daddy is paying all the rent without issues. I would be afraid that daughter is trying to help out a loser friend whom no one else will take. So screen extra carefully. When the lease expires, if daddy wants to sign a new lease and the roommate has been trouble free, you can sign them both up on one lease, but only if daddy agrees. If the daughter is moving, you have to decide whether or not to keep the roommate.
If this happens to be a rent controlled area I'd be 10 times more cautious about letting the roommate in. There is no reason to allow it if you are receiving all your rent with no problem.
Repeating this because I don't think I emphasized it enough: the father is the leaseholder. If he does not want a roommate to move in, you can not CAN NOT add another tenant to the apartment over his objection.
Repeating this because I don't think I emphasized it enough: the father is the leaseholder. If he does not want a roommate to move in, you can not CAN NOT add another tenant to the apartment over his objection.
That's not the case. The dad is fine with his daughter taking in a roommate. He just wants to be the sole Tenant on the lease. But going back to what a previous poster wrote: I would have no recourse against a tenant who is not on the lease. That was a good point and I don't want to be trapped in legal issues if any problems arise.
I just don't understand why he is so against a new lease. It protects both of us.
Last edited by vanwinkle67; 05-20-2016 at 03:26 PM..
Reason: added info
I have been renting to my tenant for about 5 years. The lease is in his name but his daughter is the one who lives there. She now wants to bring in a friend as a roommate. I have already said ok for an additional $200 but I want to write up a new lease. He (the father who is on the lease) doesn't want a new lease until the existing lease is up on July 22nd. I don't like that he is trying to bring in this new roommate without legal documentation, who he incidentally does not want put on the lease. He wants me to trust him to pay me the additional money until the new lease comes into effect. However, I want it legally binding and in writing (a new lease). I also told him that letting a friend move in is, in fact, breaking the lease. He keeps insisting that we keep the existing lease until it ends in 2 months.Should I allow this? Or is it a bad idea?I also really don't like that every year he wants to be the "Tenant" and not his daughter, who is in reality the actual tenant. What should I do?
I had a tenant who wanted a roomate. I simply agreed to terminate old lease, write a new one month to month term, raised rent $100 and guaranteed a no rent raise for 12 months,
I would never agree to having anyone move in a rental without
Background check
Credit check
Being named on the lease as a tenant
It's not his choice on who to or not to add to a lease.
What I would do is simply tell him
No.
Finish current lease give him notice that you are terminating the current lease when it is due for renewal.
He can resign a NEW lease adding ALL the tenants who will be occupying the premises as tenants. Background and credit checks to all new tenants who were prior occupants.
Rule number one: The landlord is in charge. The tenant is not.
not really. Rule number one is that the state's landlord tenant laws are in charge, the current lease is a binding contract and market conditions have variable effects on the LL/Tenant relationship.
As long as the current lease states who can live there and how long visitors can stay the roomie is out until an agreement can be made.
The landlord currently has the upper hand because the market is flooded with renters. He'd probably make more a month out of the next tenant and have the place filled in short order if they left. At least that's how it's been for me, places fill quickly.
If renters were in short supply the tenant would have the upper hand. If the landlord believed the place would be vacant for months if they left he's be more willing to let things slide.
Don't let the situation go on like this. Just because the rent has been paid, past experience is no indication of how things will be in the future. There must be a reason he doesn't want the daughter on the lease and the friend moving in without a change in the lease will further complicate things. In the end, you have no guarantee that the extra $200 will be paid.
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